1. Standing to sue (Canary wharf)
- (who has a legal right to claim, Canary Wharf)
- right to exclusive possession of the land e.g freeholder, tenant etc.
- Majority: the plaintiff must not have a possessory interest in the land
The law of negligence is not an area where fixed absolutes of universal application are appropriate.
In each case the governing consideration is the underlying principle. The underlying principle is that
reasonable foreseeability, as an ingredien
LAWS123 PASS: Issue Statements 12/08/13
List the characteristics of a good issue statement. What does it have to have?
Does each side of a case always argue the same limb?
How do you work out the distinction between both sid
Trespass to goods-person
Trespass to goods:
Any act of direct wilful physical interference with goods in possession of another person. E.g.
taking goods away; damaging them; rendering them unfit for purpose.
Wilful interference with goods inco
When an employer is liable for an employee. An institution may still be vicariously liable if their
relationship with the tortfeasor can be compared with an employer-employee relationship.
Vicarious liability as two elements:
1) A rel
Weeks 1 - 3
1. Companies have a separate corporate personality to their shareholders as the owners
(passive investors) and their directors as managers. (Chen v Butterfield).
2. In their Lordships view it is a
Lifting the Corporate Veil
On rare occasions, the court will look beyond the fact of incorporation and the Salomon Distinction and
look beyond the corporate veil. This is extremely rare; even if the Co. is a shell designed to protect the
Company Relationships with 3rd Parties.
While a company is a legal entity, it has no real presence. It must act through people. It is necessary to be
able to identify when actions of people will be those of the company and when they are not. The
Constitution and Shareholder Agreements
Under the old regime (1955) a Memorandum of Association and an Articles of Association were
required. The former set out all of the companys powers. The company could only perform
powers outlined in th
Pre-Incorporation Contracts - ss 182-185 CA 1993
These Ks are common whereby someone enters legal relations on behalf of a Co. in
contemplation of being set up.
There are special rules around these Ks ss 182-185 tha
Company Names: three rules (s 22 CA)
Mustnt be the same as any other registered company
Mustnt contravene any enactment
Mustnt be offensive
How similar can two names be?
Very! need to be almost indistinguishable from the other Co. before
Separate Corporate Personality
Intro: Co.s are separate legal entities; it may be described as having a separate personality (Salomon
principle). It is a legal construct solely responsible for meeting debts and obligations of the business and
LAWS123 MIDTERM CHEAT SHEET
STATE THE ISSUE
Example: is food limited to any nutritious substance taken to maintain life and growth [narrow;
can it include liquids taken for this purpose? [wide; prosecution]
Phrased as a question: I
LAWS122 TERMS ASSIGNMENT 2015
The issue is whether Sonia can sue Wendy for damages under breach of confidence when a drunk
Maria told guests at a Tupperware party information about Sonias affair with her stepbrother, and
Wendy overheard and went on
DEALING WITH PRECEDENT
A judge may choose to:
- Extend (adding to law established by previous case)
- Distinguish (material fact differences enough to distinguish case and follow different legal
LAWS122 CHEAT SHEET
Material facts: type of information, how it was disclosed, how defendant revealed it (to who, what
For an action in BoC to be successful in absence of a contract, it must sati
CLASS EXERCISE: COCO v AN CLARK
The issue is whether Zoe will be successful in a claim for (damages?) under breach of confidence
against Phoebe, when Zoe shared information about her prototype for a futuristic hula hoop with
Phoebe and other
STEPHENS V AVERY CLASS EXERCISE
The issue is whether Marge could sue Lisa for damages under breach of confidence, when Marge
told Lisa information about a local businessman inviting her for dinner on the grounds that Lisa
would be discrete,
2014 PRACTICE EXAM
What information is at issue?
2 types of information
- Either separate into 2 issues or mention in one, as long as the material facts are mentioned
- Circumstances of communication will be the same for both issues B
EARTHQUAKE COMMISSION V KREIGER [HC]
(NB: NZ cases:
- Freedom of expression is found in BoRA and as such, the courts can take this into account
- Pieces of other legislation directed at covering peoples privacy
- NZ courts therefore would be open
DOCTRINE OF PRECEDENT
Binding Precedents vs Persuasive Precedents
Binding precedent = absolute authority. There is an obligation for later courts to follow these.
Persuasive precedent: later courts have a right to not follow this precedent. There are
A v B CLASS EXERCISE
WHAT TO DO IF THERE ARE 2 PIECES OF INFO?
Here, 2 pieces of info:
1) Cartoons showing the party
2) Details of Evans pranks at high school
The best approach to this case is to identify the 2 in issue.
Under each part of your answ